The California Supreme Court granted review of Adolph v. Uber Technologies, Inc. (“Adolph”) in July 2022. The case calls into question whether a PAGA representative maintains standing
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Fate of PAGA’s Inclusion In Class Action Waivers in SCOTUS’ Hands
I am not usually a policy wonk, and I often think in terms of concepts not cases. However, I must say that listening to the US Supreme Court’s oral argument…
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Will Employers Finally Get Some PAGA Relief in 2022?
The sharks are starting to circle around PAGA (Private Attorney General Act), a law that many California employers find crazy-making for all the reasons outlined here. PAGA may finally…
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Judicial Hostility to Employment Arbitration Flares up in 9th Circuit
When you draft employment arbitration agreements, it’s not enough to know what the law is. You should also know what the law will be at the time that someone challenges…
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The Upside of Employment Arbitration
A recently completed five-day arbitration with twenty-one witnesses, reminded me of the upsides of employment arbitrations (especially when I compare my situation to that of my colleagues who are preparing…
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Ten Commandments for Avoiding Employment Lawsuits in California
From the employer’s perspective, the only way to truly “win” an employment case is to avoid it in the first place. We litigators love the thrill of gettting a…
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California Supreme Court Approves Class Action Waivers in Arbitration Agreements
Here’s yet another post from Dave Faustman. This time he discusses today’s decision in Iskanian v. CLS Transportation, in which Fox Rothschild LLP represented the employer.
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Today,…
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The Future of Class Action Waivers in California Employment Cases to be Decided This Summer
On April 3, 2014, the California Supreme Court heard oral argument in front of a packed courtroom in Iskanian v. CLS Transportation, a case involving the enforceability of class/representative…
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CALIFORNIA COURT OF APPEAL UPHOLDS CLASS ACTION WAIVERS
This week brought some good news for employers seeking to enforce class and representative action waivers in arbitration agreements in California. In Iskanian v. CLS Transportation [pdf], the…
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Supreme Court to Consider Class Action Waiver
Sometimes cases from other areas of law can have a strong impact on employment law in California. For example, Laster v. AT&T Mobility LLC involved class action waivers in consumer contracts. Laster…
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